CLR/5/2025
2025 Latest Caselaw 1973 UK

Uttarakhand High Court

CLR/5/2025 on 10 February, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

             Office Notes, reports,
             orders or proceedings or
SL.
      Date   directions          and                 COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures
                                        CLR No.5 of 2025
             10.02.2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. S.K. Mandal, Advocate for the revisionist.

2. This is the revision against the judgment and order dated 12.11.2024 passed by District Judge, Dehradun passed in Misc. Civil Appeal No.25 of 2024, whereby the learned District Judge has dismissed the appeal and confirmed the order dated 29.02.2024 passed by Civil Judge (J.D.) Mussoorie, District Dehradun.

By the order dated 29.02.2024, the Trial Court directed the revisionist/plaintiff to value the suit on the basis of market value of the property and pay the court fees accordingly.

3. Learned counsel for the revisionist/plaintiff would submit that the court fees has to be paid according to one quarter of the value of the revisionist/plaintiff's share in the property and, therefore, the court fees paid by the revisionist/plaintiff is sufficient; that, there is no evidence, whatsoever, against the revisionist/plaintiff to the effect that the property has been undervalued.

4. In the opinion of this Court, this matter needs deliberation.

5. Admit.

6. List on 15.04.2025.

(Vivek Bharti Sharma, J.) 10.02.2025 Rajni